-----Original Message-----
From: Workman Maj Adam J
Sent: Friday, October 14, 2011 12:39
To: Robles Capt Benjamin A; Baehr Capt James S; Chapman Capt Arthur; Ivins Capt William D III; Blackwood 1stLt Matthew; Meyer Capt Aaron G; Carver Capt Cory A; Yin 1stLt Joshua
Cc: Gonzalez Sgt Johnny J; Wescott PFC Jonathan C
Subject: FW: 3D MAW SgtMaj Brief
A must read.
-----Original Message-----
From: Atterbury LtCol Paul H
Sent: Friday, October 14, 2011 10:05
To: Gehris Capt Bettina L; Kuhn Capt Timothy J; Marquez Capt Daniel A; Marshall Maj Meridith L; Schick Capt Jason S; Workman Maj Adam J
Cc: Baker Col John
Subject: FW: 3D MAW SgtMaj Brief
SDCs,
Please read email traffic below and share with your respective teams in order to maintain SA on potential remarks by the 3rd MAW SgtMaj Anthony A. Spadaro. These remarks will probably be a catalyst for additional litigation or at least impact the voir dire conducted in some cases. Furthermore, I want each of you to help determine if other senior enlisted are conveying the same message on our bases and stations or within the MEF and its MSCs/MSEs.
These type of matters and issues need to brought to my attention ASAP. It is more efficient and effective for the RDC to engage SJAs on these types of issues. Furthermore, I can engage the CDC who is well positioned to shape and influence any engagement with senior judge advocates. Remember the CDC Policy Memo 6-11 (CCIRs) and if you have any matter that is close to those listed in the CDC Policy Memo, bring them to my attention. Colonel Betz was very receptive to this issue during a phone conversation we had yesterday.
Finally, note the tone of my email to Colonel Betz. The language in my email is designed to get the point across in a professional way. My word choice evidences that I am giving the Sergeant Major the benefit of the doubt -- just like we expect him and others to give our clients the benefits of the presumption of innocence and to not prejudge outcomes relative to administrative corrective actions. Furthermore, Major Marshall's email simply passes information without embellishment and editorial comment. Major Marshall did good work here.
Semper Fi,
Paul H. Atterbury
Lieutenant Colonel
U.S. Marine Corps Defense Services Organization
Regional Defense Counsel - Western Region
Office: (760) 725-3744; Cell:(858) 208-6497
Email: paul.atterbury@usmc.mil
Attorney Work Product and Privileged Communication
The information contained in this email and any attached work product(s) is privileged. If the reader of this email and any attached work product(s) is not the intended recipient, you are on notice that any distribution of this email message and any attached work product(s), in any form, is prohibited. Do not intentionally or unintentionally subject yourself to prosecution by the U.S. Government. This work product is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under the Freedom of Information Act (FOIA) and the following United States Department of Defense (DoD) rules, regulations, and instructions: 5400.7R, "DoD Freedom of Information Act Program;" DoD Directive 5230.9, "Clearance of DoD Information for Public Release;" and DoD Instruction 5230.29, "Security and Policy Review of DoD Information for Public Release."
-----Original Message-----
From: Atterbury LtCol Paul H
Sent: Friday, October 14, 2011 9:40
To: Betz Col Philip J
Cc: Baker Col John; Schuller Maj Alan L; Marshall Maj Meridith L; Parsons Maj Breven C
Subject: FW: 3D MAW SgtMaj Brief
Sir,
As discussed yesterday, it appears that the 3rd MAW Sergeant Major made public remarks that raise concerns about the fairness and integrity of the administrative and judicial processes available to Commands in response to alleged or confirmed controlled substance use.
Major Marshall's email below summarizes information that she received about the Sergeant Major's public remarks. It is my understanding that the remarks were before SNCOs assigned to MAG 37, MAG 38, and MWHS-3 during an address that began at 0900 on 12 October 2011 at the MCAS Miramar Auditorium. While I recognize the possibility that the Sergeant Major's remarks were misinterpreted, the appearance of impropriety compels me to bring this to your attention.
Thank you for your time and attention during our phone conversation yesterday. Please let me know if I can be of further assistance on this matter.
Semper Fi,
Paul
Paul H. Atterbury
Lieutenant Colonel
U.S. Marine Corps Defense Services Organization
Regional Defense Counsel - Western Region
Office: (760) 725-3744; Cell:(858) 208-6497
Email: paul.atterbury@usmc.mil
-----Original Message-----
From: Marshall Maj Meridith L
Sent: Friday, October 14, 2011 8:59
To: Atterbury LtCol Paul H
Subject: RE: 3D MAW SgtMaj Brief
Good Morning Sir,
It has come to my attention during conversations with 2 different SNCO's from 2 different units, that the 3rd MAW Sergeant Major gave a brief to all wing SNCOs on Wednesday, 12 October 2011. The Sergeant Major gave this brief in the H&HS auditorium and discussed his expectations, particularly regarding the role of a SNCO when dealing with Marines facing administrative processing.
Essentially, the Sergeant Major's brief relayed the following message:
A SNCO who has a Marine in his/her charge who used drugs or spice, or committed other misconduct, should not endorse or "vouch" for that Marine in a character statement. This applies regardless of whether or not the Marine is a good worker. If a Marine used spice/drugs or violated the order he is not a good Marine. Additionally, a SNCO who does speak on such a Marine's behalf puts his/her own character and integrity on the line. Finally, SNCOs who sit on boards are wrong if they "go to bat" for these Marines.
The brief also relayed that the Marine Corps is downsizing and there are fewer and fewer boat spaces. This is important because boat spaces should not be filled by Marines who commit misconduct. The Marine Corps "zero tolerance" policy should be followed like it was back when the Sergeant Major was a young SNCO and Marines who used drugs were gone.
Please let me know if you have any questions about this.
R/
Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720 (desk line)
dsn 267-1720
858-997-8332 (government cell)
meridith.marshall@usmc.mil
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